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For a deadly explosion, first imprisonment, then release

The Regional Court overturned the original verdict and Kovařík was finally acquitted for the explosion in his technical gas warehouse in Planá near Mariánské Lázně in June 2017, in which one person died.

“The act happened, it is a criminal offense, but it has not been proven that it was committed by the accused,” said the chairman of the Board of Appeal Miloslav Sedláček.

At that time, the accumulated propane-butane exploded on the spot, and in the ensuing fire, dozens of gas cylinders exploded in chains. Firefighters evacuated hundreds of people and had to completely close several streets in the area, including the railway line. Witnesses said metal fragments flew through the air and the houses shook within a radius of half a kilometer.

Rule violation

According to prosecutor Ondřej Wendler, the cause of the explosion was the unauthorized transfer from one vessel to another by an employee of the defendant. He died on the spot.

“He carried out the release with the knowledge of the defendant, who did not have a gas handling permit, and thus put people at risk of death,” the plaintiff said. And the court of first instance ruled in his favor.

There is no evidence

“There has been a flagrant violation of the rules for handling explosives. The result of such conduct was the death of a man. In addition, a large number of people were endangered. The defendant, who has been doing business in this industry for many years, knew very well that such activity was illegal and dangerous, “said Michaela Řezníčková, a judge from Tachov.

According to her, the evidence showed that Kovařík knew about the gas transfer. “The injured party was carrying out a prohibited activity at the time when the defendant was present in the warehouse. It is difficult to imagine that he himself would do any unfair activity on his own’s back behind his boss and thus risk unfortunate, “added Řezníčková, adding that the court did not find any logical motive as to why the injured party would let the gas pass of his own accord without someone ordered it.

According to the Court of Appeal, that reasoning is correct, but there is no clear evidence for that. “There is no doubt that there was unauthorized manipulation there. But it is not 100% proven that the defendant directly ordered the release or was at least understood with it so that we could decide with a clear conscience about his guilt, “stated Sedláček.

Kovařík denied any gas leaks in court. “I don’t know anything like that. We were just selling. Gas could leak from cylinders that had damaged, for example, valve seals. It also happens that there are impacts when handling bottles, and the valve may open slightly, “said Kovařík.

He did not reach the employee

He only admitted that the object had not been properly approved. “I relied on the approval of the firefighters, who were there for inspection in 2014 and approved the storage of gas cylinders in it. I missed the building approval due to time constraints. I thought that if it is operational, the approval is only an administrative step, “Kovařík continued.

While inspecting the site of the fire, investigators discovered a special large-capacity container through which the gas can be passed. The expert confirmed that her valves were open at the time of the explosion, indicating that some manipulation had taken place.

“The container was not used, it was empty,” Kovařík responded. He was in an adjoining building at the time of the explosion. “There was a bang, and then a huge cloud of dust rose. I ran to the warehouse, it was burning on the ramp and the flames were on the wall. I saw a body lying inside. I took a bucket of water and tried to find a way to it. It didn’t work, then the bottles started to explode, “Kovařík described the dramatic moments. He then suffocated with smoke and had to be treated by rescuers.

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